CROWN EMPLOYEES (DEPARTMENT OF JUVENILE JUSTICE - DETENTION CENTRES 2005) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 4134 of 2005)
Before The Honourable Mr Deputy President Harrison / 24 November 2005REVIEWED AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Hours
5. Casual Employment
6. Part-time Employment
7. Shift Work - Operational Stream
8. All Incidences Allowance - Managerial Stream
9. Annual Leave
10. Annual Leave Loading
11. Overtime
12. Leave in Lieu of Payment of Overtime
13. Leave Entitlements
14. Rates of Pay and Allowances
15. Higher Duties
16. Entry, Promotion and Qualifications
17. Transitional Arrangements
18. Uniforms and Protective Clothing
19. Settlement of Disputes
20. Anti-Discrimination
21. Deduction of Union Membership Fees
22. Leave Reserved
23. Notation
24. Area, Incidence and Duration
PART B - Monetary Rates
Table 1 - Rates of Pay
Table 2 - Allowances
Appendix A - Entry, Promotion and Qualifications
Appendix B - Transition of Existing Classifications
2. Title
This Award shall be known as the Crown Employees (Department of Juvenile Justice Detention Centres 2005) Award.
3. Definitions
"Act" means the Public Sector Employment and Management Act 2002 as amended.
"Association" means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.
"Casual Employee" means and includes all persons employed to work in an existing vacancy or in addition to normal staffing needs on a piecemeal basis, but shall not include a person employed in a temporary capacity for a set period.
"Centre" means a Juvenile Justice Detention Centre.
"Counselling and Administrative Stream" comprises staff members who are not engaged in the Managerial or the Operational Streams. This stream does not include Psychologists. Positions in this stream include:
Clerical Officer;
Counsellor; and
Staff Development Officer.
"Day Worker" means a staff member, other than a shift worker, who works ordinary hours from Monday to Friday and who commences work on such days at or after 6.00 am and before 10.00 am otherwise than as part of a shift system.
"Department" means the New South Wales Department of Juvenile Justice as listed in Schedule 1 of the Act.
"Director-General" means the Chief Executive Officer of the Department.
"Managerial Stream" comprises staff members engaged to perform duties relating to the management of a Centre and includes the positions of:
Centre Manager;
Assistant Manager;
Assistant Manager (Client Services); and
Unit Manager.
"Operational Stream" comprises staff members engaged to perform duties relating to direct service delivery to clients within a Centre and includes the positions of:
Youth Officer;
Vocational Instructor;
Unit Coordinator; and
Kitchen Support Officer.
"PEO" means the Public Employment Office.
"Regulation" means the Public Sector Employment and Management (General) Regulation 1996.
Shift Worker" means a staff member engaged in the operational stream who works the ordinary rostered hours up to 19 days in a 28 day period.
"Staff member" means an officer or temporary employee as defined in the Act and, unless otherwise specified in the Crown Employees (Public Service Conditions of Employment) Award 2002, includes both full-time and part-time staff.
Notation: General Conditions of Employment
It is the intention of the parties to this Award that all other conditions not specified in this Award shall be provided in accordance with the Crown Employees (Public Service Conditions of Employment) Award 2002 and the Public Service of New South Wales Personnel Handbook.
4. Hours
4.1 Operational Stream
(a) Ordinary Hours
(i) The ordinary hours of work for staff members employed as shift workers in Centres shall not exceed 152 hours per 28 calendar days or an average of 38 hours per week in each roster cycle. Each staff member shall be free from duty for not less than eight full days and an allocated rostered day off in each cycle.
(ii) The hours of work prescribed in paragraph (a)(i) of this sub-clause shall be arranged to allow variable working hours in each roster cycle of 28 days to ensure that each staff member shall work his/her other ordinary hours of work on not more than nineteen days in the cycle.
(b) Rostered Day Off Duty
(i) Time for a rostered day off duty accrues at 0.4 of an hour for each eight hour day or shift.
(ii) All paid ordinary working time and paid leave count towards accrual of time for the rostered day off duty.
(iii) The staff member’s rostered day off duty prescribed in paragraph (a)(ii) of this sub-clause shall be determined by having regard to the operational needs of the Centre. Where practicable the rostered day off duty shall be consecutive with the days off prescribed in paragraph (a)(i) of this sub-clause.
(iv) Should the operational needs of the Centre require the rostered day off duty to be changed, another day shall be substituted in the current cycle. Should this not be practicable the day must be given and taken in the next cycle immediately following.
(v) Where a staff member has accumulated sufficient time to take his/her rostered day off duty prior to entering on annual leave, it shall be allowed to the staff member on the first working day immediately following the period of leave.
(vi) Where a staff member has not accumulated sufficient time for a rostered day off duty prior to entering on annual leave, time in credit shall count towards taking the next rostered day off duty falling in roster sequence after the staff member’s return to duty.
(vii) A staff member shall be entitled to the next rostered day off duty after returning from a period of worker’s compensation leave or extended leave.
(viii) A rostered day off duty is not re-credited if the staff member is ill or incapacitated on a rostered day off duty. However sick leave shall not be debited.
(ix) Upon termination of employment, the staff member shall be paid for any untaken rostered time off.
(x) Permanent part-time staff members due to the terms of engagement, are paid for all time worked as there is no accrual of time for rostered days off duty.
(c) Meal Breaks
(i) Meal breaks must be given to and taken by staff members. No staff member shall be required to work continuously for more than five hours without a meal break of no less than 30 minutes. However where a staff member is called upon to work for any portion of a rostered unpaid meal break, such time shall be paid for at overtime rates.
(ii) Where the nature of the work of a staff member or a group of staff members is such that meals are to be taken at the allocated meal time for young persons in care, in these circumstances the provisions of paragraph (i) of this sub-clause shall not apply. However, all time in such circumstances shall be paid at the appropriate rate for the shift and the Department shall provide a meal to each staff member free of charge, the meal to be of the same or no less than the quality of that provided to the young persons under supervision.
(iii) The time taken for a staff member required to take his/her meals with clients shall be considered as ordinary hours of work.
(d) Rosters
(i) The ordinary hours of work for each staff member shall be displayed on a roster in a place conveniently accessible to staff members. The roster covering a minimum period of 28 days, where practical, shall be displayed at least 14 days prior to the commencing date of the first working period in any roster.
(ii) A roster may be altered at any time to enable the service of a Centre to be delivered where another officer is absent from duty on account of illness, in an emergency or due to unforeseen circumstances. Where any such alteration involves a staff member working on a day that would have been his or her day off such time worked shall be paid for at overtime rates as specified in clause 11, Overtime of this Award.
(iii) Where practicable, a staff member who is required to change from one shift to another shift shall be given 48 hours notice of the proposed change.
(iv) Rostered days off duty in accordance with paragraph (b) of this sub-clause are to be shown on the roster of hours for each staff member.
(v) There shall be a minimum break of eight hours between ordinary rostered shifts.
4.2 Counselling and Administrative Stream
(a) The ordinary hours of work are 35 hours per week, Monday to Friday inclusive and are subject to the conditions specified by the Crown Employees (Public Service Conditions of Employment) Award 2002 and subsequent variations and in accordance with the Department of Juvenile Justice Flexible Working Hours Agreement as amended from time to time.
4.3 Managerial Stream
(a) The provisions of sub-clause 4.1 of this clause shall apply with the exception of sub-paragraph (b)(iv) and paragraph (d) of that sub-clause.
(b) Should the operational needs of the Centre require the rostered day off duty to be changed, another day shall be substituted in the current cycle. Should this not be practicable, rostered days off duty may be accrued to a maximum of 5 days in any calendar year and be taken in a less active period.
5. Casual Employment
5.1 A casual staff member is one engaged on an hourly basis.
5.2 A casual staff member may only be engaged for short-term periods where there is the need to supplement the workforce arising from fluctuations in the needs of the Centre.
5.3 A casual staff member shall be paid on an hourly basis based on the appropriate rate prescribed in Table 1, of Part ‘B’, plus 15% thereof with a minimum payment of four (4) hours for each engagement. This loaded rate of pay is in lieu of all leave entitlements, other than recreation and extended leave.
5.4 A casual staff member shall be entitled to the shift allowances prescribed in clause 7, Shift Work, where a shift commences prior to 6 a.m. or finishes subsequent to 6 p.m.
5.5 For weekend and public holiday work, casual staff members shall, in lieu of all other penalty rates and the 15% casual loading, receive the following rates:
(a) time and one half for work between midnight Friday and midnight Saturday;
(b) time and three quarters for work between midnight Saturday and midnight Sunday; and
(c) double time and one half for work on a public holiday.
(d) for the purpose of this clause, any shift of which 50% or more is worked on a Saturday, Sunday or public holiday shall be deemed to have been worked wholly on a Saturday, Sunday or public holiday and shall be paid as such.
5.6 On termination a casual employee shall be paid 1/12th of ordinary earnings in lieu of recreation leave.
5.7 A casual employee's employment may be terminated for any reason by the giving of one hour’s notice by either party.
6. Part-Time Employment
6.1 The Department is committed to providing part-time work opportunities where practicable. Such arrangements should provide flexibility for effective use of resources for the Department's operation and be of benefit to staff members.
6.2 Part-time staff members shall be entitled to all other benefits of this Award not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full time hours for the position.
6.3 Part-time arrangements must be acceptable to both the Department and the staff member and shall be in accordance with Flexible Work Practices Policy and Guidelines issued by the PEO.
6.4 Where a part-time staff member works more hours than the ordinary hours of work for full-time staff members engaged on a shift, overtime, in accordance with Clause 11 - Overtime, shall apply.
6.5 Operational and Managerial Stream
(a) For the purposes of this Award, an operational or managerial stream part time staff member is one who is permanently appointed to work a specified number of hours less than 152 hours per 28 days. A part time staff member will be free from duty for not less than eight days in each cycle.
(b) A part-time staff member may work up to 152 hours in a 28 day period and in such case shall be paid for the hours actually worked at an hourly rate calculated on the appropriate rate prescribed in this Award.
6.6 Counselling and Administrative Stream
(a) For the purposes of this Award, a part time counselling or administrative staff member is one who is permanently appointed to work a specified number of hours less than 35 hours in a five day week.
(b) A part-time staff member may work up to 35 hours in a 5 day week and in such case shall be paid for the hours actually worked at an hourly rate calculated on the appropriate rate prescribed in this Award.
7. Shift Work - Operational Stream
7.1 Monday to Friday - Shift Loadings
(a) A shift worker employed on a shift shall be paid, for work performed during the ordinary hours of any such shift, ordinary rates plus the following shift loadings depending on the commencing times of such shifts:
Day / at or after 6am and before 10.00 am / NilAfternoon / at or after 10am and before 1.00 pm- / 10%
Afternoon / at or after 1pm and before 4.00 pm / 12.5%
Night / at or after 4pm and before 4.00 am / 15%
Night / at or after 4am and before 6.00am / 10%
(b) The loadings specified in this sub-clause shall only apply to shifts worked from Monday to Friday.